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Prohibition to Terminate the Employment Contract

Viimati uuendatud: 23.02.2017

The employer cannot terminate the employment contract reasoning that:

• The employee is pregnant, or, the employee is entitled for a pregnancy and maternity leave;
• The employee fulfils important family obligations (raises children, cares for parents).

Additional Limitation Against Employment Contract Termination

The Employment Contracts Act presupposes that terminating an employment contract with a pregnant woman or a parent raising a child under 3 is illegal. The employer must prove that the employment contract is terminated on legal grounds (e.g., infringement of work duties).

Protection Against Employment Contract Termination Due to Decreased Working Ability

The employer is prohibited to terminate the employment contract with a pregnant woman and woman entitled to a pregnancy or maternity leave, if:

• Degraded health has prevented the employee from working;
• Did not cope with work tasks due to insufficient knowledge or skills.

Protection on Redundancy

Prerogative on redundancy:

• In the redundancy situation, the employee raising a child under 3 has the prerogative to be kept at work in the first priority.

Redundancy Prohibition

The employer is prohibited to dismiss:

• A pregnant woman;
• Employee entitled to a pregnancy and maternity leave;
• Employee using the child care leave or adoptive parents leave.

As an exception, the aforementioned employees can be dismissed if:

• The employer ends its activities;
• The employer goes bankrupt or out of business;
• The bankruptcy proceedings de-escalate.

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